Terms
and Conditions for Use
The following Terms and
Conditions for Use (hereinafter referred to as the “Agreement”) for services
provided by Shirt Riot, LLC, a
North Carolina Limited Liability Company, (hereinafter referred to and also
operating under the assumed name “ShirtRiot”) shall be effective from the time
that you register with and/or engage in services provided by ShirtRiot.
1. Definitions
1.1 “Shirt
Riot, LLC”, “ShirtRiot”, “us” or “we” shall mean Shirt Riot, LLC, a North
Carolina Limited Liability Company.
1.2 “You”
shall mean the user and purchaser of the merchandise and services provided by
ShirtRiot.
1.3 “Agreement”
shall mean this entire agreement and include all of the terms, conditions and
procedures outlined herein.
1.4 “Services”
shall mean those services provided by ShirtRiot, including but not limited to
the creation, sale and purchase of merchandise, the submission of materials,
usage of the online forum, personal profile, and public website content, and
any and all contests hosted by ShirtRiot.
1.5 “Materials”
shall include any and all items submitted online to ShirtRiot, including, but
not limited to artwork, designs, layouts, text, graphics, images, and
photographs.
1.6. “Website” or “site” shall mean the
ShirtRiot website located at http://www.shirtriot.com/ and including any and
all content included therein.
2. General
Use of ShirtRiot Services
2.1 Your Use of ShirtRiot Website and
Services. By registering on the
ShirtRiot website and using any services provided by ShirtRiot, you hereby
agree to use these services in a manner that is consistent with this Agreement
and all applicable laws and regulations.
In compliance with the Children's Online Privacy
Protection Act (COPPA), you hereby represent and warrant that you are over
thirteen (13) years of age. Refer to Section
9 herein, regarding ShirtRiot’s Privacy Policy for opt out and cancellation
policies regarding the transmission of account and personal information.
2.2 Your Responsibilities. You alone are entirely responsible for the
following: 1) maintaining the confidentiality of your password and account
information, and 2) any and all activities which occur under your account. You have the responsibility to notify ShirtRiot
immediately of any unauthorized use of your password and account information or
of any other security breach known to you.
3. Purchase
of Merchandise
3.1 You are
responsible for making payment for merchandise by credit card through our third
party credit card processor using the interface available on the ShirtRiot
website. Your credit card will be
charged immediately after receiving your order for merchandise. If your credit card is rejected during the
authorization process, ShirtRiot shall not be obligated to complete the sale or
provide you with the requested merchandise.
3.2 ShirtRiot
uses commercially reasonable precautions to protect the privacy of your credit
card and other ordering information by utilizing a Secure Socket Layer (“SSL”)
connection.
3.3 Shirt
Riot uses a CISP compliant, third party credit card company. ShirtRiot shall not retain or store your
credit card information after your transaction for the purchase of merchandise
has been completed.
3.4 ShirtRiot
reserves the right, at any time, to change its billing methods and fees,
including the addition of supplemental fees or separate charges for merchandise
and/or shipping costs.
3.5 ShirtRiot shall not be liable if ordered
merchandise is no longer available and shall return the purchase price of the
merchandise in a timely manner if an order for unavailable merchandise has been
placed.
4. Shipping
Procedures
4.1 Online orders for merchandise will generally be delivered within 5-7 days. During holiday seasons, delivery times may vary and ShirtRiot is not responsible for any deadlines that are not meet due to variances in shipping times. ShirtRiot may provide rush orders for customers who request this optional service at a charge of 20% percent of the total cost of the entire purchase. Rush orders are typically delivered within 3-4_ days after the customer has made the special request by contacting ShirtRiot directly at
Contact shirtriot.com and has received direct confirmation of this request.
5. Return Policy
5.1 ShirtRiot makes every effort to ensure
that all orders for merchandise are filled accurately. Merchandise purchased through the ShirtRiot
website may be returned within thirty (30) days from the date of online purchase
if the customer is disappointed by the merchandise for one of the following
reasons: 1) the merchandise is materially flawed, 2) the final design on the
merchandise was materially different than the final design requested, or 3) the
quality of the printing on the merchandise does not meet reasonable
expectations of quality. Merchandise may
only be returned under this policy if the item(s) has not been worn or washed
prior to its return. If the ordered
merchandise was not the correct size, ShirtRiot will replace the merchandise
with the correct size. If there is another
reason for the return, restricted to the above reasons, then ShirtRiot will
refund the payment and shipping costs.
Shirts may be returned under this policy to the following address along
with a written statement explaining the reason for the return: ShirtRiot Returns, P.O. Box 3986, Wilmington,
NC 28406.
6. Submission
of Artwork
6.1 Any and all materials submitted to
ShirtRiot may not be used in any of the following manners: 1) as a service or
trademark, 2) for unlawful purposes, 3) for pornographic use, 4) in violation
of copyright, trademark, trade name, service mark or other intellectual
property rights of any person or entity, or 5) in violation of any right of
privacy or publicity of another person.
6.2 ShirtRiot
reserves the right to remove any and all submissions that in its sole judgement
it deems to be offensive, harassing, libellous, threatening, harmful, obscene,
malicious, unlawful or otherwise objectionable.
ShirtRiot also reserves the right to terminate any account on the
aforementioned grounds.
6.3
You agree that
any and all materials submitted to ShirtRiot shall not include any image,
design, text, graphic or other item which infringes upon the copyright,
trademark, trade name, service mark or other intellectual property rights of
any person or entity. If a submission
contains the copyright, trademark, trade name, service mark or other
intellectual property rights of a third party, you hereby represent and warrant
that you have obtained the appropriate permissions, rights and authorization
from that third party owner to utilize their intellectual property and that any
submission made by you to ShirtRiot does not infringe upon any rights of any
third party, including but not limited to copyright, trademark, trade name,
service mark or other intellectual property rights.
6.4 You agree that the submission of any and all materials through the ShirtRiot website shall transfer all legal rights to those materials to ShirtRiot for a term of forty-five (45) business days. Any and all submissions used by ShirtRiot during the forty-five (45) business days following submission, shall be retained as the property of ShirtRiot. Any and all submissions not used by ShirtRiot within forty-five (45) business days of submission, shall also be retained as the property of ShirtRiot. However, you may request that the rights of submissions not used within forty-five (45) business days of submission be returned to you by requesting this through email at
Contact shirtriot.com .
6.5 ShirtRiot retains the right to alter any and
all materials submitted through the ShirtRiot website with proper consent by
email from the original party submitting the material. Reasons for altering the submitted materials
include, but are not limited to color and screen printing criteria.
7. Copyright
7.1 Any
and all materials contained on the ShirtRiot website are the copyrighted
property
of ShirtRiot. All rights in the
ShirtRiot website and its content are worldwide. Accordingly, it is prohibited to retain,
copy, distribute, publish, or use any portion of the content found on the
ShirtRiot website except as allowed in this Agreement.
7.2 ShirtRiot
reserves the right to modify any portion of its website content or services at
any time without prior notice.
7.3 ShirtRiot
shall not guarantee that any materials submitted to ShirtRiot shall not contain
similarities to materials submitted or purchased as merchandise by other
parties. ShirtRiot provides no
warranties that any submitted materials will not infringe or be subject to a claim
of infringing the intellectual property rights of a third party. You agree that it is your responsibility to
retain the advice of an attorney before submitting materials which you are
uncertain will not infringe the rights of a third party.
7.4 If you believe your copyrighted material
has been infringed by any submitted materials contained on the ShirtRiot
website and you desire for ShirtRiot to remove the infringing material, you
must provide the following information in accordance with the
Digital Millennium
Copyright Act, 17 U.S.C Section 512(c)(3)(A): 1) identification of the
copyrighted material(s) you claim has been infringed, 2) a physical or
electronic signature of the person authorized to act on behalf of the owner of
the exclusive copyright protection which you claim has been infringed, 3) identification
of the material on ShirtRiot’s website which you claim to be the subject of the
infringing activity or information reasonably sufficient for ShirtRiot to
locate the material, 4) your contact information, including an address,
telephone number, email address and any other contact information reasonably
sufficient for ShirtRiot to contact you, 5) a written statement by you that you
have a good faith belief that the use of the material constitutes copyright
infringement and was not authorized by the owner, its agent or the law, 6) a written statement that all of the
information provided in your claim to ShirtRiot is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of
intellectual property for which you are claiming infringement. Failure to comply with these requirements
shall not be considered to provide ShirtRiot with actual knowledge of the
infringement.
8. Contest
Procedures
8.1 Contest
criteria and deadlines shall be posted on the ShirtRiot website.
ShirtRiot
reserves the right to modify any and all contest terms and conditions at any
time at its sole discretion.
8.2 Submitted materials selected to be
printed on merchandise shall be determined by a vote conducted at the sole
discretion of ShirtRiot and its owners, employees and agents, including, but
not limited to the owners, employees and agents of any sponsoring organization.
ShirtRiot reserves the right to print any submitted material, regardless of
voting outcome. Accordingly, ShirtRiot
also reserves the right to refuse any submitted material that it deems
inappropriate, as stated in Section 6.2 above or which submitted material does
not meet contest parameters or criteria as set forth by ShirtRiot.
8.3 Submission of materials through the
ShirtRiot website shall not guarantee that the materials will be included in
the voting contest. Designs shall be
pre-approved for quality and criteria at the sole discretion of ShirtRiot
before being available for voting.
8.4 Owners of
submitted material(s) selected as the winner of a competition shall become paid
employees of ShirtRiot and shall be paid by quarterly checks for any and all
royalties which occur from the sale of merchandise containing the winning
submitted material.
8.5 Royalties
shall be no less than fifty (50) cents and not more than one (1) dollar from
the sale of each item of merchandise sold online. If merchandise with the winning submitted
material is sold at a bulk wholesale rate, then the royalty amount shall be
adjustable at the discretion of ShirtRiot, but shall not be lower than
twenty-five (25) percent (%) of the ShirtRiot mark-up per item of merchandise sold.
9. Privacy
9.1 Collection of Personal Information.
ShirtRiot recognizes
your trust and fully respects your privacy and shall not sell your personal
information, including, but not limited to your name, address, e-mail address,
or credit card information, to any third party without your permission unless required
by law. Personal and account information
provided to ShirtRiot may be accessed when disclosure is necessary to enforce
this Agreement, cooperate with the investigation of activities claimed to be
unlawful, or to protect the rights of ShirtRiot or others. If in the future,
ShirtRiot partners with another company or is purchased by another entity, it
may be necessary to transfer customer information to this new entity. In the event of this occurrence, ShirtRiot
will provide an update to this Agreement and privacy policy to reflect this
change in ownership of your submitted personal information.
9.2 Forums. Public forums on the ShirtRiot website are not monitored to
filter out personal information.
ShirtRiot shall not be responsible for any personal information
transmitted through the public forums.
9.3 Personal Profile. Any and all information entered by you
on your personal profile shall remain your responsibility. ShirtRiot shall not be responsible for any
activity conducted or personal information disclosed on your personal profile.
9.4 Email notices. If you have registered on the ShirtRiot website or have entered your email address, ShirtRiot may send you occasional notice of contests and company news via your submitted e-mail address. If you prefer not to receive e-mails from ShirtRiot, send an email to
Contact shirtriot.com stating your request.
9.5 If you have any questions regarding ShirtRiot’s privacy policy, please e-mail us at
Contact shirtriot.com . You may cancel your account at any time by sending an email to Contact shirtriot.com .10. Disclaimer
of Services
10.1 ShirtRiot
hereby disclaims all warranties of any kind, whether express, implied or
statutory, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement
of third party rights with respect to the services.
10.2 ShirtRiot
makes no warranty that its services will be compatible with your computer
and/or other equipment, or that its services will be uninterrupted, timely,
secure or error free.
11. Limitation
of Liability
11.1 ShirtRiot shall
not be liable for and you waive your right to claim any loss, injury, claim,
liability or damage of any kind resulting in any way from your use of or
inability to use the website, merchandise and/or services, including without
limitation any third party(s) unauthorized access to your data transmission,
including but not limited to any files uploaded to the website.
11.2 ShirtRiot
shall not be liable for, and you waive your right to claim, any indirect,
incidental, special or consequential damages, including lost profits, directly
or indirectly relating to or arising from 1) your use or inability to use the website
or services, or 2) unauthorized access to or alteration of your transmission of
data, including but not limited to any files uploaded to the website. This shall be regardless of the form of the
action and whether the damages were foreseen or unforeseen.
12. Suspension
or Termination of Use
12.1 ShirtRiot
reserves the right, in its sole discretion, to suspend or terminate your access
to and use of its services without further notice if you breach any of the
terms and conditions of this Agreement.
In addition, ShirtRiot reserves the right to delete any account
registration, forum posting or uploaded data which it deems inappropriate without
notice.
13. Compliance
with Laws
13.1 You shall
not use the website and services provided by ShirtRiot in any manner contrary to
local, state or federal law. ShirtRiot
expressly disclaims any and all responsibility or liability for any action by
you that is contrary to such law(s) and reserves the right to terminate your
access to services immediately upon notice of your failure to comply with any
local, state or federal law.
14. Arbitration
14.1 Any
dispute arising out of this Agreement shall be submitted to arbitration in
15. Indemnification
15.1 You hereby
agree to indemnify and hold harmless ShirtRiot from and against any claim,
loss, liability, damage, cost or expense, including attorneys’ fees, which
arise from or relate to the following:
1)
the purchase, delivery, acceptance, rejection, use or condition of the services
and merchandise,
2) your breach of any obligation stated in this
Agreement, and
3) your negligent acts or omissions.
16. Waiver
16.1 A waiver
of any default under this Agreement or of any of the terms and conditions of
this Agreement shall not be deemed to be a continuing waiver or a waiver of any
other default or of any other term or condition, but shall apply solely to the
instance to which the waiver is directed. The exercise of any right or remedy
provided in this Agreement shall be without prejudice to the right to exercise
any other right or remedy provided by law or equity.
17. Severability
17.1 If any
provisions of this Agreement are found to be invalid, illegal or unenforceable,
the validity, legality and enforceability of any of the remaining provisions
shall not in any way be affected or impaired thereby.
18. Force Majeure
18.1 ShirtRiot
will not be deemed to be in breach of this agreement for any delay or failure
in performance caused by reasons out of its reasonable control, including acts
of God or a public enemy; natural calamities; failure of a third party to
perform; changes in the laws or regulations; actions of any civil, military or
regulatory authority; power outage or other disruptions of communication
methods or any other cause which would be out of the reasonable control of ShirtRiot.
19. Miscellaneous.
19.1 This
Agreement contains the entire agreement between the parties and supersedes all
prior agreements and understandings, oral or written, with respect to the
subject matter thereof. This Agreement
shall be governed by and construed in accordance with the laws of the State of
It is mutually agreed
that by using the website and services provided by ShirtRiot that you have read
and fully understand the terms, conditions and procedures outlined throughout
this Agreement, that you are of legal age, and thus accept and are willingly
bound to the Agreement.
